I had an account with Chase/WaMu that has gone to collections with Equable Ascent Financial. As I understand it, they have hired Tate & Kirlin to collect on the account. Today I got a call from them, and have finally decided to go ahead and pay them. They had offered to settle with me for 60% in the past, and I asked about that. The guy on the other end said that there was another option, that I could "make an offer" and he would see if they would accept it. The original debt was about $2200, 60% was about 1350. I asked him if they would be okay with $1200, which is about what I actually charged on the card before all the interest accumulated on it. They agreed to this, verbally, and so I asked them if they would be able to put that in writing, and that I also wanted it in writing that the remainder that I owed would not be sold to another company or something else like that, and that I wanted it in writing that it would be reported to the credit bureaus. This is the first email that I got back:
Tate & Kirlin, Associates, a professional debt collection company, has
contacted our client and they have agreed to accept $1200.00 as
settlement in full on the above referenced claim. Payment is due
in our office by 01-13-11
Please make your check or money order payable to Tate & Kirlin,
Associates, and use the self addressed envelope provided.
Sincerely,
[Edited to remove personal information]
I told them that this was not what I had asked for, and told them that I would be more than willing to get them a money order in the mail today if they could send me an email that would state what I had said. They came back at me, and said that once I paid, that I would get a receipt sort of thing from them stating as much. (I'm not stupid, and I'm not going to give them $1200 when I don't have the assurances that I need). I continued to pressure them (nicely, not once did I get upset or raise my voice), and then they said they would call me back in about an hour.
I wait, and they do call me back about an hour later. I told them that I had gone over my finances again, and that I didn't know that I could do the 1200, I have other people I have to pay too, would they be able to do 1000? That is almost immediately shot down (can't blame a guy for trying, right?) and so we go back to talking about the 1200. I asked them if they had the letter, and this time they tell me that they can't do that. I ask them "So you can't give me anything in writing saying that you aren't going to sell the remainder of the debt to someone else?" They say that they have computerized letters and aren't allowed to change the wording on them, and that I should be "thankful" for the "favor" the guy did me by accepting less than 65% (65%, I think? Wasn't it 60% originally??). We run around in that circle for a bit, and I ask him, "is there any way I can get a letter stating that upon payment they wo n't sell the remainder of the debt?" and I think I'm getting somewhere - they then send me this useless piece of vagueness:
THIS LETTER WILL CONFIRM THAT UPON FUNDS CLEARING OUR BANK
THE ABOVE REFERENCED ACCOUNT WILL BE SETTLED IN FULL.
SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO
CONTACT MY OFFICE.
SINCERELY,
[Edited]
Now, what bothers me is that this is signed by a [Edited] but the email is from a [Edited].
I again tell them that this isn't what I wanted to see, and that I am more than willing to pay the amount we agreed upon as soon as they can get me a letter that states that they won't sell the remainder of the debt to someone else. The guy I am talking to is getting upset, saying that he can't do that, he can lose his job if he changes the wording of the letter. It doesn't make sense to me, so I ask him if i can talk to someone who has the authority to change the letter. "There is no one," I am told. I ask him to clarify - There is no one that can change the letter? - No. I ask him if I can talk to his supervisor - He again tells me 'No." Then he goes on to tell me that I have gotten two more letters than anyone else, "including doctors and lawyers." and that he has been doing this for seven years. I tell him that I haven't been doing this for seven years, and I don't mean to be hard about it, I'm jsut trying to protect myself.
Anyways. We go around for a while longer, and I finally agree that this is okay. Then I ask him 'Is it possible I could have these mailed to my physical address?" "I'm not going to do that, sir. There's no way i'm going to do that."
WAIT. WHAT?!?!
He says that he's tired of dealing with me and that he's pulling the $1200 agreement. I tell him that I've already got that agreement in writing from his office - And he retorts with "WEll, that's fine, if you can get the money to us by midnight tonight." I had missed the part where it was dated 1/13/2011. 
he tells me that they are willing to accept a "check on file" and extend the date out - this means that I have to provide them my bank account and routing information (AS IF!). i tell them I'm not comfortable giving that information out, and the guy says "Well then I'm going to have to wish you a good day, sir." And then he hung up on me. I'm not kidding - this guy hung up on me. I've NEVER heard of that happening. I have all of this recorded, and have uploaded it on rapidshare:
[Edited]
Is this something I should be concerned about? Do I have any sort of grounds for FDCPA violations or anything like that? I am going to call EAF tomorrow to find out their side of the story. Everything I have read about tate and kirlin is very discouraging, as well. Their hold music is also just them putting the phone in front of the radio, which is troubling to me.
Additionally, are these two letters substantial enough to take care of my settlement agreement, and could I reasonably expect to be hounded for the $900 difference in the future?
I edited your post to remove personal information which is not allowed per the forum's Terms of Service. This is to ensure the privacy and safety of everyone. Thanks for your understanding.
-marinevietvet, myFICO moderator
